Arbitration Mediation

Before Delegating Arbitrability to Arbitrator, Supreme Court Must Decide FAA Exclusions (New Prime, Inc. v. Oliveira)

The case of New Prime, Inc. v. Oliveira is the second arbitration / delegable / arbitrability question which the U.S. Supreme Court decided in a week. This case may have limited application to disputes involving transportation workers however it is worth discussing to ensure a clear understanding the delegation of …

Arbitration Mediation

“I Like Arbitration,” Says Justice Kavanaugh in His First Opinion on Arbitrability (Schein v. Archer & White)

Justice Kavanaugh issued his first Supreme Court opinion (unanimous) which helped streamline enforcement of arbitration AND provided contract-drafting lawyers some model arbitration language (which, as we’ll see, still needs some work). The question before the Court was whether a trial court could still decide the threshold question of “arbitrability” — …

Arbitration Mediation

Drafting Arbitration Agreement in Florida To Reference AAA or Other Arbitration Rules (Adkins v. Memorial Motors)

When drafting an arbitration agreement, a party often may want the matter to be heard by a professional arbitration panel, such as AAA or JAMS. However, from time-to-time, some of these groups have declined to hear matters governed by pre-incident arbitration waivers in consumer agreements. How do you write a …

Arbitration Mediation

Florida Courts Issue Three Arbitration-Related Opinions in November 2018

Florida cases involving disputes over the enforcement of arbitration most frequently arise out of auto sales or long term care facility contracts.  These three cases from late November 2018 fit the bill.  The topics are: waiver of the right to arbitration, parties to the agreement, and severance clauses.  Shamelessly, one …

Arbitration Mediation

Lessons from Google AdWords Arbitration Clause: Novation, Retroactive Application, Scope

Google’s arbitration and class action waiver provisions in their AdWords agreement provides some lessons for lawyers who draft contracts, particularly ones accepted online and updated via notice, as well as lawyers who litigate over enforcement of arbitration.  The recent case of Mark Trudeau and Troy Martial Arts, Inc. v. Google …

Arbitration Mediation

Florida Dispute Resolution Conference 2018: Christopher Hopkins Discusses ESI/E-Discovery for Mediators AND Cyber Security and Data Breach for Mediators

Thanks to the Florida Dispute Resolution Conference for inviting me to speak at the 2018 conference. Topics covered: 25 ESI and E-Discovery Terms for Mediators in 75 minutes and Cybersecurity and Data Breach for Mediators. You can download the presentations here and here. If you would like CME points, you …

Arbitration Mediation

Can a Company Add an Arbitration Clause to an Existing Contract that is Retro-Active?

For ongoing service agreements — which range from credit card, internet advertising, and even nursing home admissions — often there is a clause which permits one side to “update” its service terms and, in order to effect fairness, the other party may cancel the service in lieu of accepting the …

Arbitration Mediation

U.S. Supreme Court Rules on Nursing Home Arbitration

The United States Supreme Court ruled in favor of a national nursing home chain by reversing a decision by the Kentucky Supreme Court and, instead, held that persons who have broad “powers of attorney” may execute arbitration agreements even when state law grants a right to access to courts and …

Arbitration Mediation

Florida Court Rules on Enforceability of “Browsewrap” vs. “Clickwrap” Website Terms and Conditions

Internet sellers and website designers beware of new law in Florida governing internet sales.  A Florida state appellate court has ruled, in a case of first impression, against enforcing a “browsewrap” agreement and, as an aside, in favor “clickwrap” agreements.  For non-lawyers, the importance of this “case of first impression” means …

Arbitration Mediation

Christopher Hopkins Discusses “Use of Technology in Mediation” at Palm Beach Bar Association CLE/CME

The Palm Beach Bar Association is hosting the Alternative Dispute Resolution Committee’s annual CLE/CME, which is entitled this year, “ADR – A Help and Not a Hurdle.” The schedule and sign-up information is here. Christopher Hopkins is speaking on “Use of Technology in Mediation” regarding website, office, app, presentation, and …

Arbitration Mediation

Dea v. PH Fort Myers, LLC: Complexities of Enforcing Arbitration in Assisted Living Facility Context

The Florida Second District’s recent opinion in Estate of Dea v. PH Fort Myers, LLC et al. illustrates the complexity of enforcing arbitration in the assisted living / long term care context which requires consistent lawyering in writing arbitration clauses, admission agreements, and agreements for the sale of businesses as …

Arbitration Mediation

Christopher Hopkins to Speak at NBI “Mediation in Florida” in Fort Lauderdale

I am pleased to be one of three speakers at National Business Institute’s CLE/CME, “Mediation in Florida: Keys to Effective Settlement Negotiations.” The program is Thursday, November 10, 2016 at the Courtyard Fort Lauderdale North/Cypress Creek in Ft. Lauderdale, Florida. Lawyers and mediators can collect 8.00 hours of CLE and/or CME. …

Arbitration Mediation
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Florida Second DCA Holds ALF Arbitration Agreement Not Applicable to Nursing Home Admission

On September 9, 2016, the Florida Second District Court of Appeal ruled that an arbitration clause in an assisted living facility (ALF) admission agreement did not apply when the resident was transferred to a skilled nursing facility (SNF) located in the same retirement community.  While the language of the arbitration …

Arbitration Mediation

Two Florida Nursing Home Arbitration Cases in March 2016

The Second and Fifth District Courts of Appeal simultaneously issued two opinions regarding arbitration enforcement in the nursing home context and, in one case, the Fifth DCA certified an issue to the Florida Supreme Court as one of “great public importance.”  The nursing home setting continues to be a battle …

Arbitration Mediation

Fourth DCA Issues Two Arbitration Opinions

The Fourth District Court of Appeal rendered two arbitration opinions on February 3, 2016: In Municommerce LLC v Navidor LTD, the court reversed an order compelling arbitration and held that a termination-for-cause exception to the agreement to arbitrate was valid and there was “no basis for the court to find …